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NY J88100




September 12, 2003

CLA-2:RR:NC:2:226 NY J88100

CATEGORY: CLASSIFICATION

TARIFF NO.: 7010.90.5000

Mr. Darrell Sekin, Jr.
DJS International Services, Inc.
P.O. Box 612785
DFW Airport, Texas 75261

RE: The tariff classification of a small glass jar from China

Dear Mr. Maher:

In your letter dated August 13, 2003, on behalf of Casey Pottery, you requested a tariff classification ruling regarding a small glass jar from China..

A sample of the item was submitted with your ruling request.

The jar is approximately 4.5 inches in height and has an opening of approximately 1.5 inches. It appears to be suitable for a screw-on lid.

You indicated that the jar will be imported without a lid.

In your letter you suggested that this item should be regarded as a candle holder and should be classified under the provision for non-electrical lamps and lighting fittings in subheading 9405.50.40, Harmonized Tariff Schedule of the United States (HTS).

However, the jar does not have a form that indicates it is principally used as a candle holder. The form of this article indicates that it is principally used as an ordinary glass container for conveying or packing goods. Therefore, the jar is not classified in subheading 9405.50.40, HTS.

The applicable subheading for the glass jar will be 7010.90.5000, HTS, which provides for carboys, bottles, flasks, jars, pots, vials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goodsother: other containers. The rate of duty will be free.

Although you indicated that the glass jar was made in China, the sample submitted is marked with the word “Berlin.” It is not marked “Made in China.” The marking on the submitted sample is potentially confusing or deceptive.

The marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Section 134.36, Customs Regulations (19 CFR 134.36) addresses the situation in which the name of a country or locality other than the country or locality in which the article was manufactured appears on an imported article or its container. In this situation, the marking may mislead or deceive the ultimate purchaser as to the actual country of origin. Therefore, in such a case, the name of the correct country of origin preceded by the words “Made in,” “Product of,” or words of similar meaning should appear on the product in a legible, indelible, permanent and conspicuous manner. These words must appear in close proximity to the potentially confusing place name and in lettering at least as large.

Therefore, it would appear that this article should be marked in a legible, indelible, permanent and conspicuous manner with the words “Made in China,” and these words should be in close proximity to the word “Berlin” and in lettering at least as large.

However, the situation is complicated by the fact that the jar may ultimately be used as a container for another product. If this is case, perhaps the jar would have to marked with the words “Contents made in” followed by the name of the country of origin of the contents of the jar, as well as the words “Container made in China.” Again, this marking should be legible, indelible, permanent and conspicuous; again, to avoid possible confusion, the marking must be placed in close proximity to the word “Berlin” and must be in lettering at least as large as this potentially confusing place name.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

If you have any questions regarding the ruling, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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